Can a Condo Association Evict an Owner?
Among the distinguishing features of a condominium is its ownership and management of the construction through a governing association. Generally, homeowner members agree to be governed by homeowners associations (HOAs) and bylaws regulating members’ actions. Failing to adhere to HOA bylaws can result in issues for members. For instance, condominium community HOAs might be in a position to fine associates in breach of bylaws and foreclose and then evict members which are delinquent in dues.
HOA Eviction Authority
Certain states make it possible for homeowners associations to manage their particular communities. HOAs are responsible for a variety of things in their communities, such as exterior building maintenance, common-area repairs, and grass cutting. Condominium communities anticipate members to obey specific rules, like being generally peaceful and noticing parking laws. As soon as an HOA’s members fail to obey rules, community bylaws allow for penalties ranging from fines to foreclosure and eviction, based on the transgression.
HOA Evictions
HOAs usually are faster to evict tenants renting members’ homes than they are to foreclose and evict members themselves. Tenants renting condominiums might refuse to obey community rules, thus incurring the anger of their community’s homeowners association and also being quickly evicted. But in case HOAs have the ability within their bylaws to foreclose and evict delinquent homeowners, then they might opt to do so. Typically, HOAs evict delinquent owners only after going through a defined lien and foreclosure procedure.
HOA Foreclosures
Condominium owners delinquent in dues or penalties to their HOAs should fear the prospect of foreclosure. States such as California allow homeowners associations to put liens on their homeowner members’ properties whenever they are owed debts by those members. In the Golden State, HOAs can put liens on delinquent members’ homes whenever they are owed $1,200 or more or if debts are 12 months old or older. After an HOA sets a lien in your condominium, it could then foreclose fast.
Evictions and Foreclosures
HOAs can write up their guidelines and bylaws as they would like and to amend them when they would enjoy. Evictions and foreclosures are a part of various legal processes, and homeowners associations should follow these processes in the same manner as any landlord or lender. Generally, before an HOA can evict a member’s renters, it must file an eviction suit. For HOAs to foreclose and evict members, then they need to obtain property liens before foreclosure and eviction can happen.